Bernstein et al v. Dunlop et al

Filing 48

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 1/7/14. (Attachments: #1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 1/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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JOHN L. BERNSTEIN, et. al.,
Plaintiffs,
v.

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ORDER REVOKING IN FORMA
PAUPERIS STATUS

JANET DUNLOP, et al.,

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No. C 13-1563 RS

Defendants
____________________________________/

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This closed action is on appeal. The Court of Appeals has referred the matter to this Court
for a determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this
appeal. This Court determines that it should not. There are no valid grounds on which an appeal
can be based. Consequently, the Court certifies that any appeal taken from the order of dismissal
and judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App.
P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674– 75 (1958); Hooker v. American
Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, plaintiff’s IFP status is hereby
REVOKED. The Clerk shall forthwith notify plaintiff and the Court of Appeals of this order. See
FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Court of
Appeals within thirty days after service of notice of this order. See FRAP 24(a)(5). Any such

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motion “must include a copy of the affidavit filed in the district court and the district court’s

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statement of reasons for its action.” Id.

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IT IS SO ORDERED.

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Dated: 1/7/14
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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